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STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT §
AND DENTON §
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES: PHASE II
This contract is made by the City of Fort Worth,Texas, a municipal corporation situated in
Tarrant and Denton Counties,Texas,hereinafter called"City,"and Gershman,Brickner&Bratton,
Inc., a Maryland corporation,hereinafter called"Consultant or GBB,"both parties acting herein by
and through their duly authorized representatives:
1. Scope of Services.
The specifics of such services are listed in Attachment"A", "Proposed Services to Assist the
City of Fort Worth, Texas with Solid Waste Management Matters," attached hereinafter and
incorporated into this agreement hereby.
2. Schedule.
The Consultant shall comply with the schedule listed in Attachment "A-1" (based on the
tasks listed in Scope of Service)once the Contract for Professional Consulting Services: Phase II is
executed:
3. Compensation.
a. The amount to be paid to Consultant for all services performed hereunder shall not
exceed Two Hundred Twenty-Five Thousand Dollars ($225,000), hereinafter "Consultant's Fee."
The Consultant's Fee shall include all expenses incurred by Consultant on an hourly basis as set out
in the fee schedule as Exhibit "A-2" attached and incorporated herein in the accomplishment of
Section 1,Scope of Services,above,including any additional copies of the Consultant's presentation
requested by the City. PD
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b. It is understood that this Contract contemplates the provision of full and complete
consulting services for this project, including any and all necessary changes or contingencies to
complete the work as outlined in the Scope of Services, for the fee described in this Section 3.a. Any
service deemed necessary by the Consultant, but beyond the stated Scope of Services (detailed in
Exhibit "A") must be expressly authorized in writing by the City of Fort Worth PRIOR to
implementation of that service.
4. Data.
The City has a right to and shall be the sole proprietor of any and all data compiled,analyses
performed and presentations and reports drafted by the Consultant in his or her fulfillment: of the
terms of this Contract for Professional Consulting Services.
5. Term.
The term of this Contract shall commence upon date of full execution by City and
Consultant, and shall terminate December 31, 2002, unless terminated earlier as provided herein.
6. Termination.
a. City may terminate this Contract at any time for any cause by notice in writing to
Consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all services
and work and the placing of all orders or the entering into contracts for all supplies, assistance,
facilities and materials in connection with the performance of this Contract and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City
terminates this Contract under this Section 6.a., the City shall pay Contractor for services actually
performed in accordance herewith prior to such termination, less such payments as have been
previously made, in accordance with a final statement submitted by Consultant documenting the
performance of such work.
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b. In the event no funds or insufficient funds are appropriated and budgeted by City in any
fiscal period for any payments due hereunder,City will notify Consultant of such occurrence and this
Contract shall terminate on the last day of the fiscal period for which appropriations were received
without penalty or expense to City of any kind whatsoever,except as to the portions of the payments
herein agreed upon for which funds shall have been appropriated and budgeted. City has informed
Consultant that,concurrently with approval of this Contract,City will appropriate and budget 100%
of the funds specified in this Contract,so that all funds will be appropriated and budgeted prior to the
commencement date of this Contract.
c. Upon termination of this Contract for any reason,Consultant shall provide the City with
copies of all completed or partially completed documents prepared under this Contract.
7. Indemnification.
Consultant shall release, defend, indemnify and hold harmless City and its officers, agents
and employees from and against all damages, injuries(including death), claims,property damages
(including loss of use), losses,demands,suits,judgments and costs,including reasonable attorney's
fees and expenses, in any way arising out of, related to, or resulting from the performance of the
work or caused by the negligent act or omission of Consultant, its officers, agents, employees, or
subcontractors. The Consultant shall not be obligated or liable to the City or to any third party for
any claim arising in connection with this Agreement except for negligence that is the fault of the
Consultant, and/or its agents, employees, subcontractors, assignees, or others affiliated with
Consultant."
8. Independent Contractor.
Consultant shall perform all work and services hereunder as an independent contractor and
not as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the
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exclusive right to control, the details of the work performed hereunder and all persons performing
same and shall be solely responsible for the acts and omissions of its officers,agents,employees and
subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Consultant, its officers, agents, employees and subcontractors; and the doctrine of
respondeat superior shall have no application as between the City and the Consultant.
9. Disclosure of Conflicts.
Consultant warrants to the City of Fort Worth that it has made full disclosure in writing of
any existing or potential conflicts of interest related to the services to be performed hereunder.
Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest
that develop subsequent to the signing of this Contract.
10. Right to Audit.
Consultant agrees that the City shall,until the expiration of three(3)years after final payment
under this Contract,have access to and the right to examine any directly pertinent books,documents,
papers and records of the Consultant involving transactions relating to this Contract. Consultant
agrees that the City shall have access during normal working hours to all necessary Consultant
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. The City shall give Consultant reasonable advance
notice of intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a provision
to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years
after final payment under the subcontract, have access to and the right to examine any directly
pertinent books,documents,papers and records of such subcontractor involving transactions to the
subcontract,and further that City shall have access during normal working hours to all subcontractor
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facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance
notice of intended audits.
11. Prohibition of Assignment.
Neither party hereto shall assign,sublet or transfer its interest herein without the prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void.
12. Choice of Law; Venue.
This Contract shall be construed in accordance with the internal law of the State of Texas.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Contract; venue for any action arising under the terms and conditions of this agreement shall lie in
the state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
13. Severability of Provisions.
If any of the Provisions contained in this Agreement shall be held, for any reason., to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability,
shall be construed as if such invalid,illegal,or unenforceable provision had never been contained
herein.
14. Sole Agreement.
This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understanding or written or oral agreements between the parties respecting
the subject matter.
15. M/WBE Waiver
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A waiver of the goal for M/WBE subcontracting requirements was requested by the City
Manager's Office and approved by the M/WBE Office because the purchase of services is from
sources where subcontracting or supplier opportunities are negligible.
16. Notices.
All notices required or permitted under this Agreement may be given to a party personally
or by mail, addressed to such party at the address stated below or to such other address as one
party may from time to time notify the other in writing. Any notice so given shall be deemed
received when deposited in the United States mail so addressed with postage prepaid:
CITY:
CITY MANAGER, CITY OF FORT WORTH
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102
CONSULTANT:
GERSHMAN, BRICKNER, & BRATTON, INC.
8550 ARLINGTON BLVD., SUITE 203
FAIRFAX, VIRGINIA 22031-4620
17. Parties Bound .
This Agreement shall be binding upon the successors and assigns ofboth parties in like manner
as upon the original parties.
EXECUTED on this, the day of 52002.
ATTEST: CITY OF FORT WORTH
BY:
City Secreta Charles Boswell
Assistant City Manager
Contract Authorization Ulfl�S����(rW2�
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APPROVED AS TO FORM AND LEGALITY:
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Assistant Ci torney
GERSHMAN,BRICKNER&BRATTON, INC.
BY:
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PKe..yk. rshman
TITLE: �u� �
President
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ATTACHMENT A
Services to Assist the
City of Fort Worth, Texas
Procurement and Implementation Assistance
for Solid Waste Management Services
Introduction
The City of Fort Worth (City) has decided to procure and implement changes to
its solid waste management system and services according to the outline
presented in Exhibit A-1, City of Fort Worth Future Solid Waste Service
Description. Exhibit A-1 includes a schedule under which the procurement and
implementation would occur.
GBB has provided assistance to the City in determining this course of action and
prepare the City to undertake a managed competition wherein the City would
compete with private sector service providers for the services to be offered. As
such, GBB's services are to be kept separate from activities the City undertakes
in efforts to respond to forthcoming competitive service requests.
Scope of Work Tasks
An outline of GBB's assistance and fee estimate is as follows:
Task Number and Name GBB Amount
($000s)
1. Research contract examples; City landfill due diligence; visit 10
other similar locations; convenience centers sites and preliminary
design, final design and construction
2. Prepare draft and final request for proposal, including draft 80
contract(s)
3. Evaluation, negotiation, selection and final contract(s) 100
negotiations
4. Solid Waste Transition and FY03 Plan and Budget; Financial 35
Model
Total 225
A-1
Cost and Invoicing
GBB will invoice the City on a time and expense basis up to the amount of two
hundred twenty-five thousand dollars ($225,000.00). GBB charges will be based
upon the Compensation Rate and Fee Schedule included herein. Monthly
invoices will be prepared and submitted for the work of the previous month.
Payment terms are Net 30 days.
Staffing and Work Allocation
Provided in Exhibit A-3 is an estimate of the work effort with hours estimated for
staff to be assigned. Mr. Harvey Gershman, President of GBB, will be assigned
to provide overall direction and management of GBB's assistance. Messrs.
Timothy Bratton, Senior Vice President and Joseph Mehaffey, Senior Associate,
will provide primary support; both of whom have been involved in supporting
GBB's prior work.
A-2
Exhibit A-1
City of Fort Worth Future Solid Waste Service Description
Service Description
The City of Fort Worth is dedicated to the protection of the environment and providing the highest
quality solid waste service to its citizens. The City will design the services, programs and policies such
that a maximum amount of material is diverted from the residential waste stream for reduction/recycling
would be achieved on or before January 1, 2005. Garbage and Recycling service received by citizens
of the City of Fort Worth would be as follows:
➢ Waste collection for residences (at their option)would be a carted or bagged system. A"pay-as-
you-throw" program offering three different sized carts (approximately 30-, 60- or 90-gallon)
collected with semi-automated equipment. The carts would include wheels that are conducive to
use on unpaved surfaces and resistant to high winds. Residents opting to continue using garbage
bags, either collected once or twice per week, will be assessed at a higher rate than the carted
system. A schedule for implementing this change in service would be determined during the
procurement process. As of October 1,2002,collection of waste would continue to be provided for
bagged service.
➢ Small bulky materials (size of a small chair or less and 50 — 75 pounds) will be collected every
week with the regular garbage starting on October 1,2002. .
➢ Yard waste would be collected on a weekly basis starting on October 1, 2002.
Residents would be required to purchase commercially available, large, brown"kraff'
bags for leaves,grass and other forms of organic wastes. Yard waste carts currently
being used in the pilot areas could continue to be used. Others wishing to use carts
for yard waste could purchase them from the City; charges for services from yard
waste carts would be at a higher rate. Small limbs and brush will be cut and
bundled into 4-foot length bundles placed curbside for collection. These materials,
including the kraft bags,will be diverted to a processor for recycling.
➢ Residential recycling services would be modified to a single-stream service and
include a broader range of clean and dry mixed paper and commingled containers
collected once per week beginning October 1, 2002, using the same recycling bins
currently in use. Later, the exact date to be determined during the procurement
process,each residence would be provided carts(either 30-or 60-gallons in size)for
use in storage and set out of single-stream recyclables. The improved recycling
service would be implemented prior to the implementation of the new waste
cart collection services.
➢ The large brush and bulky service would be modified to a demand-type service.
Truck crews collecting waste would identify locations requiring service, and/or a
residence would call in requesting service. Residences would be allowed a limited
number of such pick-ups per year, four, and have the ability to request additional
service for an additional fee ($85.00 per hour plus disposal/processing costs). Pick-
up of bulk items would occur within a week.
➢ Four convenience centers would be established to collect material from residents
that either is too voluminous to be placed at the curb or have been generated at a
time that does not coincide with the collection schedule.
➢ The special pick up service for the elderly, infirm and disabled will be continued.
A-3
Acquisition and Segmentation of Services
The City of Fort Worth will contract and administer the services required to complete this commitment
to quality. As part of negotiating services and contract terms and services with successful contractors,
the services will be segmented in such a way to allow providers to propose on individual service areas,
a grouping of the service areas and/or all of the services. With respect to the convenience centers
described above, the City intends to plan, implement and operate same; if services are to be provided
by private sector, such will be procured separately at a later date. In that manner, pricing can reflect
efficiencies and economies-of-scale that should exist when a larger number of services are offered.
Please refer to the attached map showing areas of the City, referred to as Areas "A" and "B".
Interested Parties may offer to provide service in on or both areas and in any or all services. The City
will be encouraged to submit proposals in competition with private service providers for any and all of
the services listed below.
A. Purchase or lease of City Southeast Landfill and provision of Transfer Station services on
or before landfill reaches full capacity by private service provider. Ownership of Transfer
Station to be vested to the City of Fort Worth at the end of the initial term of the
agreement;
B. Waste, yard waste, single-stream recyclables and large brush and bulky on-demand
collection services in Area A;
C. Waste, yard waste, single-stream recyclables and large brush and bulky on-demand
collection services in Area B;
D. Disposal services, including transfer services if required,for Area A;
E. Disposal services, including transfer services if required,for Area B;
F. All services included in"B", "C","D"and"E"above combined;
G. All services included in"B"and"D"above combined;
H. All services included in"C"and"E"above combined;
I. Processing services for yard waste and large brush collected in "B" and "C" above for
diversion and sale;
J. Single-stream recyclables processing services for materials collected in "B" and °C"
above;
K. All services included in lines"A'through"J"above;
L. Supply of carts and cart delivery, repair, maintenance and replacement services for
waste and recycling carts;
M. Convenience Center hauling services;
N. Processing of Type I (construction and demolition materials, large bulky items) materials
for diversion;
O. Disposal of non-processible Type I materials;
Service Procurement
In the process below, we are assuming that the participation of W/MBE firms will be brought into the
process by the service providers and not separately. There are certain services listed above which we
A-4
believe could be specifically targeted for direct W/MBE procurement/negotiation; namely services noted
in lines"I", "M"and"N"above. if contracting directly is desired,direction from the City is needed at the
onset of this process.
The steps and schedule to be followed are listed below. These are target dates and subject to change
depending upon scheduling and policy discussions in the City. Note: items in italics are information
items to be transmitted to all service providers so they are informed along the way and are able to
respond within a very short response time.
Procurement Process Assumptions
• Allows for segmentation of services
• Allows for award to multiple contractors
• City force allowed to compete
• Price and service negotiations allowed prior to award
Description Target Date
1. Review valuation analysis of City Southeast Landfill and take into February 2002
comment in procurement
2. City Council finalizes service design elements and performance February 1, 2(
expectations
3. City forms "Proposing Team" including selecting consultant to assist it By February 8, 2002
respond to procurement; separation established and maintained
between City procurement and responding teams
4. City forms "Procurement Team"and evaluators
5. First drafts of City ordinance changes, convenience center
conceptual memorandum and Request for Proposals outline;
example RFPs and contracts provided to City Procurement Team
6. City Procurement Team Workshop By February 28, 2002
7. City initiates Host Community Arrangements for expanded use of City
Southeast Landfill
8. First draft of RFP and contracts to be included in RFP March 4, 2002
9. Initiate Transition and FY03 Financial Plan
10. City Procurement Team review of First draft completed March 18, 2002
11. Draft Request for Proposals announced and issued to all April Z 2002
prospective service providers;includes contract forms
12. Deadline for comments on Draft RFP April 16, 2002
A-5
13. Host Community Arrangements Completed
14. City public education programs updated; higher level of outreach
initiated
15. First draft of Transition and FY03 Financial Plan issued
16. Final RFP issued May 1, 2002
17. Comments on first draft of Transition and F'Y03 Financial Plan
18. Proposals Due June 3, 2002
19. Second Draft of Transition and FY03 Financial Plan
20. Evaluation Completed July 15, 2002
21. Executive session with City Council regarding evaluation; guidance July 23, 2002
on adjustments to cost of service based on estimates of cost
22. Additional negotiations by City Auditor and GBB representatives August 7, 2002
23. Executive session with City Council to present results of negotiations; August 13, 2002
determine next steps to reach final service provider(s)and cost; City
Auditor and GBB representative present results.
24. Recommendation made to City Council; first and second readings; August 27, 2002
authorize contract award and negotiation of final terms and pricing
25. New service announcements to residences directly; aggressive public September 1, 2002
outreach initiated
26. Final contract and pricing negotiations completed; contract(s) September 12, 2002
executed
27. Final Transition and FY03 Financial Plan
28. Service changes initiated October 1,2002
Summary
Accomplishing the above will take an extended concerted effort requiring that the City apply appropriate
resources that place these activities as a priority. The Council's continued attention to these matters
will also be required along the way so that the timeline outlined above is met.
A-6
Exhibit A-2
GERSHMAN, BRICKNER & BRATTON, INC.
COMPENSATION RATE AND FEE SCHEDULE'°2
POSITION ($ PER HOUR
President 160.00
Sr. Vice President 144.00
Vice President 127.50
Principal Associate 120.00
Sr. Project Manager/Sr. Project Engineer/
Sr. Associate Engineer 111.75
Project Manager/Sr. Associate 101.25
Project Engineer/Sr. Consultant/Support Director 90.50
Consultant II/Engineer II/Contract Administrator 74.50
Consultant I/Engineer 1 58.50
Art Director/Support Manager 53.25
Administrative Secretary/Word Processor/ 42.50
Editor/Staff Accountant
Clerical/Support Staff/Research Assistant/Graphics Coordinator 31.00
Expenses Charge
Personal Car/Company Car $.325 per mile
Local Travel Expenses (tolls, parking) As Incurred
Room and Board As Incurred
Airfare Coach Class, Discount
Fares When Available
Car Rental Discount Rate
Duplicating $.15 per Copy
Long Distance Telephone As Incurred
Graphics and Art As Incurred
Messenger and Delivery Service As Incurred
Subcontractors As Incurred
Microcomputer Machine Charges $10.00 Per Hour
Facsimile Communications Outbound $0.50 per page
'Effective January 1, 2002; subject to adjustment on January 1, 2003.
2 For payments not received within 30 days of invoicing date, interest charge of 1.00% per month
will be applied.
3A 10 percent fee will be added to expenses, including subcontractors'costs.
A-7
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City of Fort Worth, Texas
Mayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/8/02 C-18921 52GERSHMAN 1 of 1
SUBJECT PROFESSIONAL SERVICES CONTRACT WITH GERSHMAN, BRICKNER &
BRATTON, INC. FOR PHASE II OF THE STUDY OF THE CITY OF FORT WORTH'S
SOLID WASTE MANAGEMENT SYSTEM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a professional services
contract with Gershman, Brickner & Bratton, Inc. for Phase II of the study of the City of Fort Worth's
Solid Waste Management System, at a cost not exceed $500,000.00.
DISCUSSION:
On June 26, 2001 (M&C C-18641), the City Council approved Phase I of a professional services
contract with Gershman, Brickner, & Bratton, Inc. for a Solid Waste Management study to advise the
City Council on the best approach for creating a future Solid Waste and Recyclable Management System
that will be both environmentally sound and in the economic best interest of the City's residents.
Phase II of this study will be for the preparation of proposal packages, negotiation of solid waste
collection, management, disposal contracts, recycling implementation, landfill management,
performance measure assessment, and other duties identified as a result of the City Council designated
program.
M/WBE — A waiver of the goal for M/WBE subcontracting requirements was requested by the
Purchasing Department and approved by the M/WBE Office because the purchase of goods and
services is from sources where subcontracting or supplier opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Solid Waste Fund.
LW:n
Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Brian Boerner 8079 (from) APPROVED AS AMENDED
PE64 539120 0525001 $500,000.00 01/29/02
Additional Information Contact:
Brian Boerner 8079